1-1     By:  Barrientos                                        S.B. No. 542

 1-2           (In the Senate - Filed February 11, 1997; February 17, 1997,

 1-3     read first time and referred to Committee on Criminal Justice;

 1-4     April 10, 1997, reported favorably, as amended, by the following

 1-5     vote:  Yeas 7, Nays 0; April 10, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                               By:  Nelson

 1-7     Amend S.B. No. 542 on page 1, line 55, after "Statutes)," insert

 1-8     the following:

 1-9     "a licensed vocational nurse licensed under Chapter 118, Acts of

1-10     the 52nd Legislature, 1951 (Article 4528c, Vernon's Texas Civil

1-11     Statutes), a physical therapist licensed under Chapter 836, Acts of

1-12     the 62nd Legislature, Regular Session, 1971 (Article 4512e,

1-13     Vernon's Texas Civil Statutes), a physician's assistant licensed

1-14     under the Physician Assistant Licensing Act (Article 4495b-1,

1-15     Vernon's Texas Civil Statutes), or a registered nurse or an

1-16     advanced practice nurse licensed under Chapter 7, Title 71, Revised

1-17     Statutes,"

1-18                            A BILL TO BE ENTITLED

1-19                                   AN ACT

1-20     relating to the prosecution of the offense of sexual assault.

1-21           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-22           SECTION 1.  Subsection (b), Section 22.011, Penal Code, is

1-23     amended to read as follows:

1-24           (b)  A sexual assault under Subsection (a)(1) is without the

1-25     consent of the other person if:

1-26                 (1)  the actor compels the other person to submit or

1-27     participate by the use of physical force or violence;

1-28                 (2)  the actor compels the other person to submit or

1-29     participate by threatening to use force or violence against the

1-30     other person, and the other person believes that the actor has the

1-31     present ability to execute the threat;

1-32                 (3)  the other person has not consented and the actor

1-33     knows the other person is unconscious or physically unable to

1-34     resist;

1-35                 (4)  the actor knows that as a result of mental disease

1-36     or defect the other person is at the time of the sexual assault

1-37     incapable either of appraising the nature of the act or of

1-38     resisting it;

1-39                 (5)  the other person has not consented and the actor

1-40     knows the other person is unaware that the sexual assault is

1-41     occurring;

1-42                 (6)  the actor has intentionally impaired the other

1-43     person's power to appraise or control the other person's conduct by

1-44     administering any substance without the other person's knowledge;

1-45                 (7)  the actor compels the other person to submit or

1-46     participate by threatening to use force or violence against any

1-47     person, and the other person believes that the actor has the

1-48     ability to execute the threat;

1-49                 (8)  the actor is a public servant who coerces the

1-50     other person to submit or participate;

1-51                 (9)  the actor is a mental health services provider, a

1-52     physician licensed under the Medical Practice Act (Article 4495b,

1-53     Vernon's Texas Civil Statutes), or a chiropractor licensed under

1-54     Chapter 94, Acts of the 51st Legislature, Regular Session, 1949

1-55     (Article 4512b, Vernon's Texas Civil Statutes), who causes the

1-56     other person, who is a patient or former patient of the actor, to

1-57     submit or participate by exploiting the other person's emotional

1-58     dependency on the actor; or

1-59                 (10)  the actor is a clergyman who causes the other

1-60     person to submit or participate by exploiting the other person's

1-61     emotional dependency on the clergyman in the clergyman's

1-62     professional character as spiritual adviser.

1-63           SECTION 2.  (a)  The change in law made by this Act applies

1-64     only to an offense committed on or after the effective date of this

 2-1     Act.  For purposes of this section, an offense is committed before

 2-2     the effective date of this Act if any element of the offense occurs

 2-3     before the effective date.

 2-4           (b)  An offense committed before the effective date of this

 2-5     Act is covered by the law in effect when the offense was committed,

 2-6     and the former law is continued in effect for that purpose.

 2-7           SECTION 3.  This Act takes effect September 1, 1997.

 2-8           SECTION 4.  The importance of this legislation and the

 2-9     crowded condition of the calendars in both houses create an

2-10     emergency and an imperative public necessity that the

2-11     constitutional rule requiring bills to be read on three several

2-12     days in each house be suspended, and this rule is hereby suspended.

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